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This entry was published on 2014-09-22
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Correction (COR) CHAPTER 43, ARTICLE 27
§ 871. Procedures. (a) Any prisoner sentenced to and confined in any
jail for which the sheriff has established a work release program may
apply to the sheriff for permission to participate in such program.
Pursuant to rules and regulations promulgated by the sheriff and
approved by the state commission of correction, the sheriff may approve
or disapprove the application. In the event of approval, the sheriff
shall prepare a specific, written work release plan for the prisoner
which shall contain such terms and conditions as shall be deemed
reasonably proper and necessary. The prisoner shall signify in writing
his agreement to the terms of the work release plan in such form as the
sheriff shall specify and a copy of the work release plan shall be
delivered to the prisoner prior to his participation therein. The work
release plan may be revoked, suspended or modified by the sheriff at any
time for good cause, with or without notice to the prisoner. Any
disapproval, revocation, suspension or modification of a work release
application or plan shall be reviewable by the state commission of
correction upon written request of the prisoner which shall be forwarded
immediately to the commission by the sheriff. The decision of the
commission shall be final and not be subject to judicial review.

(b) The sheriff shall appoint a committee, to be known as the work
release committee, composed of at least one member of the county
department of probation and of such members of the staff of the jail of
confinement as he shall deem proper. The work release committee may also
include such other persons whom the sheriff may deem proper, and such
persons shall be selected upon the basis of their knowledge and
experience in the field of penology, law, medicine, labor, commerce,
theology or social services. The committee shall advise and assist the
sheriff in administering the work release program, provided, however,
that any determination to approve, disapprove, revoke, suspend or modify
any work release application or plan shall rest solely in the discretion
of the sheriff subject to review by the commission of correction as set
forth in subdivision (a) of this section.

(c) The sheriff and work release committee may assist prisoners
seeking admission to the work release program in securing gainful
employment or participation in a publicly or privately sponsored program
of vocational training.

(d) A work release plan may include employment within a county other
than that in which the jail of confinement is located. The sheriff may
arrange with the sheriff or the superintendent or other person in charge
of a jail or penitentiary of any other county which has adopted a work
release program to maintain custody of any prisoner employed in such
other county during the period of employment or until his discharge from
confinement, whichever shall occur first. In such event, the sheriff or
superintendent of the jail or penitentiary having such custody of the
prisoner shall dispose of the earnings of the prisoner pursuant to
section eight hundred seventy-two of this article.